Worcester prosecutor arrested on DUI charge

HOPEDALE — An assistant district attorney and former candidate for state representative was arrested over the weekend and charged with driving under the influence of alcohol.

Gina M. DiBaro, 43, of 4 Norcross St., Worcester, was arrested after she failed several field sobriety tests during a traffic stop Sunday night by Hopedale police on Cape Road in Mendon, police said.

Ms. DiBaro was arraigned Monday in Milford District Court and was released on personal recognizance.

Ms. DiBaro is an assistant district attorney for Worcester District Attorney Joseph D. Early, and ran unsuccessfully as a candidate for the 13th Worcester District in 2010, losing in the Democratic primary election that year.

According to police report on file in Milford District Court, the Hopedale Police Department received a report at 9:18 p.m. Sunday of an erratic driver in the southbound lane of South Main Street (Route 140). The vehicle, a black BMW, was seen crossing the center line and at one point traveling completely in the opposite lane, according to the report.

Police caught up to the BMW at 9:23 p.m. on South Main Street, and stopped the vehicle on Cape Road (still Route 140) in Mendon, just over the town line.

Ms. DiBaro, who was alone in the vehicle, told police she had just left a friend's house after watching the Patriots game, where she had three beers.

Officer Landry wrote in his report that Ms. DiBaro's eyes were bloodshot and glassy, and her speech was slurred. Officer Landry also noted he smelled alcohol coming from the passenger compartment of the BMW.

Officer Landry called for backup, and as he was conferring with Sgt. Steve Mahan, Ms. DiBaro allegedly drove away and pulled into the driveway of the Greenhouse Pub, parking in the middle of two marked spaces.

The officers asked why she drove away after being instructed not to go anywhere, Officer Landry noted. Ms. DiBaro "appeared to be disoriented and not understanding she was involved in a motor vehicle stop."

The officers conducted three field sobriety tests, all of which she failed, according to police. At one point, Officer Landry asked Ms. DiBaro to touch the tip of her right index finger to the tip of his pen, at which point she touched her finger to her nose. She also appeared to be unsteady on her feet, flailing her arms for balance.

Ms. DiBaro refused to take a breath test.

Ms. DiBaro could not be reached immediately for comment. Her home answering machine would not accept a message.

She has been placed on unpaid adminstrative leave by the district attorney's office, according to spokesman Timothy Connolly.

Contact Donna Boynton at Donna.Boynton@telegram.com or follow her on Twitter @DonnaBoyntonTG